A UK surrogate who changed her mind about handing over a baby to a couple has been allowed to keep the child, the High Court has ruled.

The baby girl born last July, known as T, was said to be 'thriving in her mother's care'. In ordering that the child continue to reside with the mother, Mr Justice Baker said that the paramount consideration for the court was the welfare of the child.

Despite the clear evidence of affection towards the child by all parties, the judge had doubts the couple, known as Mr and Mrs W, would meet 'all of her emotional needs'. He said the couple demonstrated an 'alarming lack of insight' over the relationship between the mother and child, and that removing T from her mother would cause the child 'emotional harm'.

The parties, who cannot be named for legal reasons, initially met over the Internet in 2009 and entered into an informal arrangement that the mother would act as a surrogate for the couple. The mother became pregnant allegedly through donor insemination using Mr W's sperm at one of the parties' own home.

The court heard how under the agreement the couple paid £4,500 to the mother and had also purchased maternity clothes and other items for her. However, during the pregnancy the relationship between the parties deteriorated and the mother changed her mind about giving the child to the couple. Seven days after the child was born Mr W started legal proceedings to request that the court grant an order that T reside with the couple and not with the mother.

The judge considered the risks of surrogacy to be 'very considerable', saying: 'In particular, the natural process of carrying and giving birth to a baby creates an attachment which may be so strong that the surrogate mother finds herself unable to give up the child'.

At the hearing, the judge questioned the reliability of the evidence given and criticised the behaviour of both parties during the relationship. It was found that Mrs W had been contacted by the mother under a false persona through a surrogacy website, she said, to discover what the couple were planning to do. The judge was also unconvinced that Mr and Mrs W told the court the entire truth on certain matters during the proceedings.

In English law no money or benefits other than those to reimburse reasonable expenses incurred may be paid to a surrogate and negotiating a commercial surrogacy arrangement is a criminal offence. Mr Justice Baker said the 'internet has facilitated the making of informal surrogacy arrangements between adults' but that users may not have access to advice, counselling and support offered by surrogacy agencies, who he said must also be careful to act within the law.

In addressing the agreement itself, Justice Baker said: 'Of course, the unusual feature of this case is that T was conceived as a result of a surrogacy agreement. Plainly that is part of the background to the case, and a relevant characteristic. But in my judgment, the court should not attach undue weight to the fact that the mother originally promised to give up the baby'.

The judge ordered a hearing for next month to review progress and to make any decisions necessary for the child's 'long-term future', including future contact between the child and the father. An interim visiting order is in place until that date.

A 'do it yourself' surrogacy agreement resulted in legal chaos after the intended parents' relationship broke down within a few months of the baby's birth, leaving the intended mother with no parental rights over the child...

A respected adoption lawyer has been sentenced to prison for her role in an international baby-selling operation. Theresa Erickson, who pleaded guilty to wire fraud in August 2011, was sentenced by a San Diego court to five months in prison followed by nine months in home confinement and ordered to pay a $70,000 fine....

A 61-year-old woman gave birth to her grandson in February because her daughter couldn't maintain a pregnancy. Kristine Casey, who may be the oldest woman to give birth to her grandson, volunteered to act as a surrogate after her daughter, Sara Connell, failed to bring two IVF pregnancies to term...

International surrogacy has become big news. Last month, a landmark international commercial surrogacy case, Re L, attracted front page national headlines. Hard on its heels the media spotlight fell on the birth of Elton John and David Furnish's US surrogate born son, Zachary, on Christmas Day. This has fuelled the debate about surrogacy and the question is why has it generated such attention?...

A couple from British Columbia, Canada, have been embroiled in a complex ethical battle after their surrogate refused their request to abort the fetus she was carrying. The couple made the request after tests revealed the baby would likely be born with Down's syndrome...